Notes

Army Corps of Engineers Regulatory Guidance Letter 87-03, dated April 14, 1987, clarifying requirements for Section 401 water quality certification under the Clean Water Act. Covers when certification or waiver is required before Federal permit issuance, the effect of state denial or court voidance before and after permit issuance, and the ‘reasonable period of time’ for waiver (60 days default, not to exceed one year) per 33 CFR 325.2(b)(1)(ii). Addresses both individual permits and nationwide permits (33 CFR 330.9), district engineer authority, and state changes in certification position. Administrative Record numbers AR 037745–AR 037746.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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